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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117365
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My 10 yr old adoptive son is currently living at a residential

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My 10 yr old adoptive son is currently living at a residential treatment facility due to severe behavioral issues. He may be released in a few weeks due to his Michigan adoption subsidy funding running out. His behaviors haven't improved for his 6 month duration there. We are thinking of filing for incorribility. What would filing for incorribility entail ? What documentation is necessary ? What fees could we be responsible for ? What are the possible court appointed outcomes ? Could a judge order the State to continue his current treatment at the facility ?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You would need an attorney to file the incorrigibility petition, as this will entail having to put on medical experts and psychological experts to testify that it is not safe for him to be in your home. The court could order him placed in another facility, but they can also make you or your insurance pay those costs as he still is your child and you are legally responsible for his care.

The court could also potentially make him a ward of the state depending on the severity of his condition based on the medical expert testimony and if they make him a ward of the state then the state would be liable for at least a portion of his care, although you could be still liable for some reimbursement to the state.

The judge could indeed order him to continue at the same facility or be moved to state inpatient facility.

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Customer: replied 3 years ago.
Is there any way to minimize our financial risk ? We are struggling financially currently and have another adopted son with several medical, behavioral, and emotional issues.
Thank you for your response.

The court will of course examine your finances in any award and having another problem child to care for would of course be considered. Your attorney would also examine your finances to determine if perhaps trying to move your assets into a trust could be helpful to help minimize your exposure, since funds in an irrevocable trust can be exempt from being considered or touched by creditors (that requires being examined by your local attorney to see if that is even necessary).
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